Anuj Jain and 5 Others v. State of U.P. and 2 Others
Case brief
What is this about?
In a criminal miscellaneous writ petition challenging an FIR under Sections 498-A IPC and Section 3/4 D.P. Act alleging dowry harassment and torture, this Court refused the quashing of the FIR but imposed a direction against arrest until the filing of the police report.
What did the court decide?
FIR quashing refused; arrest of petitioners stayed until police report under Section 173(2) Cr.P.C. is filed.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 10230 of 2020
Petitioner :- Anuj Jain And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anupama Parashar,Satendra Kumar Upadhyay
Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Anupama Parashar and Satendra Kumar Upadhyay, learned counsel for the petitioners and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioners seeking quashing of the F.I.R. dated 08.07.2020 registered as Case Crime No.246 of 2020, under Sections 498-A, 323, 504 506, IPC and Section 3/4 D.P. Act, Police Station Delhi Gate, District Aligarh with a further prayer not to arrest the petitioners in pursuance of the first information report.
The allegations, as per the F.I.R. are that the marriage of the informant- Anmol Jain was solemnized with Anuj Jain, petitioner no.1 on 08.11.2019 and sufficient dowry was given in the marriage but the in-laws of the informant were not satisfied with the dowry and demanded Rs. two lakhs and one motorcycle. It is further alleged that because of non fulfilment of the demand of dowry they have started torturing the informant and on 09.03.2020 the petitioner no.1 and petitioner no.6 who is her Nanad, dropped her at her parental home. It is further alleged that on 07.07.2020 when the informant and her mother were alone at her home the petitioners alongwith some others entered into her house and forced her to sign some blank papers and also threatened her of dire consequences.
Issues for consideration
2 issues framed by the court
Whether the claim of false implication in allegations of dowry demands and torture warrants immediate quashing of the FIR.
Whether the petitioners should remain arrested pending the conclusion of the investigation.
Parties & counsel
- petitioner
Anuj Jain and 5 Others
- respondent
State Of U.P. and 2 Others
Coram
B. Amit Sthalekar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- CRLP/10230/2020
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